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Court Report

reporters@samoanews.com

SIAUMAU SR. MOTIONS FOR RELEASE OF $100,000 BOND

Elliot Siaumau Sr. is asking the High Court to release his $100,000 bond, which had been revoked following his non-compliance with conditions of his release when he was charged following an April 2009 incident.

Charged with several counts, including assault, property damage and public peace disturbance, Siaumau Sr. had been released on $100,000 bail with conditions that he surrender his travel documents to the government, not leave the territory and remain a law abiding citizen.

However in April 2011 the government moved for the High Court to revoke bail for Siaumau Sr. for failing to comply with bail conditions, when prosecution presented evidence showing the defendant had left the territory six times.

Siaumau Sr. was then remanded into the custody of police pending his jury trial, where he was acquitted and released from jail. Last Friday, Sharron Rancourt, the lawyer for Siaumau Sr., asked the court to release the $100,000 bond to Siaumau Sr.

She explained in court the purpose for the bail was to assure the defendant’s appearance in court, and he has always appeared in all his court cases, for which, following a jury trial he had been acquitted.

She added that Siaumau Sr. is not contesting that he violated the conditions of his release, however he always appeared for his court cases voluntarily and he suffered the consequences of spending time in jail until his jury trial — where he was acquitted.

Deputy Attorney General Mitzie Jessop who represents the government, did not object to releasing the $100,000 bond.

Chief Justice Michael Kruse last Friday took the matter under advisement.

CHINESE WOMAN SENTENCED TO DEPART TERRITORY ASKS TO RETURN

Xue Mai Bai, a Chinese woman who was convicted of receiving stolen property and was sentenced to five years in jail with the condition that she leave the territory, wishes to return to American Samoa to visit. Bai had operated a business in the territory when convicted.

The motion for the court to terminate, or in the alternative modify the conditions of probation was filed through Bai’s lawyer Marcellus Talaimalo Uiagalelei.

Bai was charged together with her husband Chi Zhi Ming who were both found guilty over two separate incidents of receiving stolen property.

Bai was found guilty of receiving stolen cartons of cigarettes.

Ming pled guilty to the count of receiving five IMAC computers, which had been stolen from the Department of Education warehouse in 2007.

 They were sentenced in 2008 to serve seven years in jail, however execution of sentencing was suspended on the condition they leave the territory and not return for five years. They were also fined $5,000 each.

Uiagalelei told the court that Bai wishes to return to the territory to visit her family here, however Chief Justice Michael Kruse noted, that Bai did not go back to China, she’s in Samoa and her family in the territory can visit her in Samoa.

Kruse added that immigration clearly states that given Bai is a convicted felon, she’s excludable.  

Deputy Attorney Mitzie Jessop, representing the government, said she does not object, however, no matter what probation recommends, Immigration will follow the law concerning convicted foreigners.

Kruse then took the motion under advisement. Samoa News understands Bai and her husband Ming are currently running businesses in Samoa.

NEGOTIATIONS ONGOING IN CASE AGAINST MRS. FA’AMAUSILI

A new pre-trial date has been scheduled for Tuilua’ai Fa’amausili, accused of passing bad checks and felony stealing, given that negotiations are ongoing between the government and the defendant.

Mrs. Fa’amausili, who’s out on surety bond of $15,000 was in court last week for her pretrial conference, however both parties agreed to request a continuance for the purpose of seeking a resolution.

Chief Justice Michael Kruse granted the request and scheduled another pre-trial date next month. Mrs Fa’amausili is represented by Fiti Sunia while prosecuting this matter is Assistant Attorney General Cable Poag.

According to the government’s case, in December 2011, owner of K & K Corporation filed a complaint with the Criminal Investigation Division of DPS against FTC Corporation— owned by the defendant Tuilua’ai Fa’amausili and Office of Motor Vehicle (OMV) Manager Mau Fa’amausili — for writing three checks to the victim’s company on three separate occasions, with insufficient funds to cover the checks.

Tuilua’ai is charged with three counts of passing bad checks and three counts of stealing. Court documents say that on February 14, 2012 a written notice was mailed to the defendant by certified mail as to the non-payment of the bad checks.



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